- 1 - HC-KAR NC: 2025:KHC-D:12782 WP No. 102423 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102423 OF 2025 (LA-KIADB) BETWEEN: 1. SMT. E LAKSHMI DEVI W/O. SRI E. THIMAPPA AGE: MAJOR, OCC. AGRICULTURIST, R/O. PLOT NO 102, KAKTIYA APARTMENT, OPPOSITE BHARATHKUMAR HOSPITAL, KAPGAL ROAD, BALLARI. 2. SMT. I. PADMA @ SEETHAMMA W/O. SRI I. VENKATARAMMA, AGRICAGE: MAJOR, OCC. AGRICULTURIST, R/O. PLOT NO. 102, KAKTIYA APARTMENT, OPPOSITE BHARATHKUMAR HOSPITAL, KAPGAL ROAD, BALLARI-583103. …PETITIONERS (BY SRI. GAYATRI S.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, DR. AMBEDKAR VEEDI, BANGALORE, R/BY. ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, R/BY. ITS CHAIRMAN, 14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BANGALORE-560001. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12782 WP No. 102423 of 2025 3. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD LTD., R/BY. ITS MANAGING DIRECTOR, PLOT NO 33/A LAKKAMMANAHALLI, INDUSTRIAL AREA, P B ROAD, DHARWAD. 4. THE SPECIAL LAND ACQUISITION OFFICER KIADB, KARUR INDUSTRIAL AREA, DAVANAGERI-577001. …RESPONDENTS (BY SRIYUTHS. P.N. HATTI, HCGP FOR R1; G.I. GACHCHINAMATH, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 2 TO 4 TO PASS THE GENERAL AWARD IN RESPECT OF THE PROPERTY OF THE PROPERTY BEARING SY NO. 28/C MEASURING 4.5 ACRE EACH DATED 05/02/2022 VIDE ANNEXURE-E. B) ISSUE SUCH OTHER ORDERS OR DIRECTIONS AS SUCH THIS HON BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of Mandamus directing the respondent no. 2 to 4 to pass the general award in respect of the property of the - 3 - HC-KAR NC: 2025:KHC-D:12782 WP No. 102423 of 2025 property bearing Sy No. 28/C measuring 4.5 acre each dated 05/02/2022 vide Annexure-E. b. Issue such other orders or directions as such this Hon’ble Court deems fit in the interest of justice and equity. 2. The grievance of the petitioners is that, despite the land of the petitioners having been put to use by the respondents, a general award has not been passed and the compensation amount has not been paid. It is in that background that the respondents were called upon to make a submission as to on what basis the land of the petitioners had been put to use without a general award having been passed. 3. Rather strangely, it is contended that there being a suit filed in O.S.No.74 of 2011, which was pending between some of the family members, was taken up for appeal in R.A.No.14/2016. I.A.No.4 having been filed in O.S.No.74/2011, the KADB, defendant No.9 therein was directed to deposit the compensation. This order had been passed on the ground that KIADB had - 4 - HC-KAR NC: 2025:KHC-D:12782 WP No. 102423 of 2025 not disbursed the compensation amount on account of the pendency of the suit. 4. Whenever there is any pendency of a suit and/or multiple number of claimants, it is but required for the Special Land Acquisition Officer to pass a general award and deposit the award amount in the reference court under Section 31 of the Land Acquisition Act, 1894 and seek resolution of the claim of the contesting claimants and apportion the amounts. The KIADB could not have restrained itself from passing a general award or disbursing the amounts. It is for that reason that I.A.No.4 in the said proceedings had been allowed and the amount deposited. This order having been passed on 28.10.2011, rather shockingly, till date, no general award has been passed. Since no general award has been passed, it would be but required for a general award to be passed in terms of the Right to Fair Compensation and Transparency in - 5 - HC-KAR NC: 2025:KHC-D:12782 WP No. 102423 of 2025 Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Act of 2013’, for short). 5. Learned counsel for respondent Nos.2 to 4 on instructions of the Special Land Acquisition Officer, who is present in this Court, submits that the same would be passed within four months from today and the amount deposited and reference made under Section 64 of the Act of 2013. 6. Writ petition is disposed of in terms of the above undertaking. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 60